MOHAMMED RAFEEQ Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The judgment and order of conviction dated 15.4.2011 passed by Fast Track Court-XV, Bangalore in Sessions Case No.881/2009 is called in question in this appeal by the convicted accused.

(2.) Case of the prosecution in brief is that the accused is the husband of the deceased; their marriage was performed about 18 years prior to the incident in question; two children viz., P.Ws.2 and 4 were born out of the wedlock; the youngest of the children is P.W.4 and she was aged about 14 years during the relevant point of time; the incident took place on 4.4.2009 at 9.00 a.m. in the matrimonial house of the accused and the deceased; the accused and deceased only were there in the house; P.W.2 the son of the couple was always living with his grandmother i.e., mother of the deceased; P.W.4, the daughter of the couple was playing outside the house; quarrel took place inside the house and the same was over heard by P.W.5, who informed P.W.3 another neighbour. P.W.5 is the landlord of the house; they were hearing the quarreling sound standing outside the house; ultimately, when the deceased cried for help, P.Ws.3, 5 and other neighbours broke open the door and tried to enter the house; immediately, the accused ran away from the house; the clothes of the accused were profusely bloodstained; P.W.2 and the parents of the deceased were informed by P.W.5, who rushed to the spot; however, by that time, the victim was shifted to Victoria Hospital by police and P.W.3 in an autorickshaw; the victim was declared dead in Victoria Hospital at 10.15 a.m.; the complaint lodged by P.W.5 as per Ex.P2, came to be registered in crime No.75/2009 of J.J.Nagar police station for the offence punishable under Section 302 of IPC; the accused was arrested at 11.15 a.m. P.W.17, the Inspector of Police completed the investigation and laid the charge sheet.

(3.) In order to prove its case, the prosecution in all examined 18 witnesses, got marked 54 exhibits and 16 material objects. On behalf of the defence witnesses are not examined and documents are also not marked. As aforementioned, the trial Court convicted the accused for the offence punishable under Section 302 of IPC.